Construction, Forestry and Maritime Employees Union

[2025] FWCA 1050

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/706)

EA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 26 MARCH 2025

Application for approval of the EA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the EA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 26 March 2025 and, in accordance with s.54 of the Act, will operate from 2 April 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by EA PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the approval of a Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027. The union and the employer sought to have the agreement recognised as a lawful enterprise agreement under the Fair Work Act 2009. The application was made on the basis that the agreement had been fairly negotiated and met all the legal requirements for registration.

The central legal issues before the Commission were whether the agreement had been fairly negotiated and whether it contained all the mandatory terms and conditions required by the Fair Work Act. The Commission had to consider whether the agreement was genuinely negotiated between the employer and the union and whether it complied with the formal requirements of the Act. Furthermore, the Commission examined whether the agreement included all the mandatory terms and conditions, such as minimum wages, penalty rates, and leave entitlements, and whether it was free from any prohibited content.

The Commission found that the agreement had been genuinely negotiated between the parties and that it contained all the mandatory terms and conditions required by the Act. The Commission confirmed that there was no evidence of coercion or undue influence, and that the agreement was made in good faith. The Commission also noted that the agreement included all the mandatory terms and conditions, such as minimum wages, penalty rates, and leave entitlements, and was free from any prohibited content. Based on these findings, the Commission approved the application for the registration of the agreement.

As a result of the Commission's decision, the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027 is now a registered enterprise agreement under the Fair Work Act. The agreement will apply to the employees of EA PTY LTD who are covered by the agreement and will regulate their terms and conditions of employment for the duration of the agreement. The parties are now bound by the terms of the agreement, and any disputes arising from its interpretation or application can be resolved through the mechanisms provided in the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established